EDGMON v. UNITED STATES

No. 1446.

87 F.2d 13 (1936)

EDGMON et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 14, 1936.


Attorney(s) appearing for the Case

W. B. Wall and J. Fred Green, both of Sallisaw, Okl., for appellants.

Earl Pruet, Asst. U. S. Atty., of Muskogee, Okl. (Cleon A. Summers, U. S. Atty., of Muskogee, Okl., on the brief), for the United States.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


PHILLIPS, Circuit Judge.

Edgmon and Denton were convicted and sentenced on an indictment charging a violation of 27 U.S.C.A. § 123 (48 Stat. 316, § 12)1 and have appealed.

Sentence was imposed on June 24, 1936. While section 123, supra, was expressly repealed on June 25, 1936, § 9 (49 Stat. 1930, 27 U.S.C.A. § 123 note) it must be "treated as still remaining in force" with respect to this prosecution and the...

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